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Florida DUI Penalties: First, Second, Third and Fourth Offense

 Florida DUI Penalties: First, Second, Third and Fourth Offense

By Daniel D. Nawara, Sarasota criminal and DUI defense attorney. Last updated October 5, 2026.

Florida DUI penalties are set by section 316.193, Florida Statutes. They rise with each conviction, and they rise again if your breath or blood alcohol level was 0.15 or higher, a child was in the vehicle, or there was a crash. This page lays out the ranges in plain terms.

These are the ranges a judge works within after a conviction. They are not what happens in every case. Many cases end with a reduced charge, a diversion program or a dismissal, and the facts of the stop and the testing matter.

First DUI

  • Fine: $500 to $1,000

  • Jail: up to 6 months

  • Probation: up to 1 year. Probation and jail together cannot exceed 1 year.

  • Community service: at least 50 hours

  • License: revoked for 180 days to 1 year

  • Vehicle: impounded for 10 days

  • DUI school: a substance abuse course and evaluation, plus any treatment it recommends

  • Ignition interlock: at the judge's discretion, for at least 6 months

See first DUI in Florida for more.

Second DUI

  • Fine: $1,000 to $2,000

  • Jail: up to 9 months. If the second conviction is within 5 years of the first, at least 10 days in jail is mandatory.

  • License: revoked for at least 5 years if within 5 years of the first conviction

  • Vehicle: impounded for 30 days if within 5 years

  • Ignition interlock: mandatory for at least 1 year

See second DUI in Florida for more.

Third DUI

  • Within 10 years of a prior conviction: a third-degree felony, punishable by up to 5 years in prison, with at least 30 days in jail mandatory

  • More than 10 years after the last one: a fine of $2,000 to $5,000 and up to 12 months in jail

  • License: revoked for at least 10 years if within 10 years

  • Vehicle: impounded for 90 days if within 10 years

  • Ignition interlock: mandatory for at least 2 years

Fourth or later DUI

  • A third-degree felony no matter how much time has passed, punishable by up to 5 years in prison

  • A fine of at least $2,000

  • Permanent license revocation

See felony DUI defense.

Higher penalties: 0.15 or above, or a child in the car

If your breath or blood alcohol level was 0.15 or higher, or a passenger under 18 was in the vehicle, the ranges go up:

  • First DUI: fine of $1,000 to $2,000, up to 9 months in jail, and ignition interlock for at least 6 months

  • Second DUI: fine of $2,000 to $4,000, up to 12 months in jail, and ignition interlock for at least 2 years

  • Third or later DUI: fine of at least $4,000

See high BAC DUI.

DUI with a crash, injury or death

  • Property damage or injury: first-degree misdemeanor, up to 1 year in jail

  • Serious bodily injury: third-degree felony, up to 5 years in prison

  • DUI manslaughter: second-degree felony, up to 15 years in prison, with a mandatory minimum of 4 years. It becomes a first-degree felony in some circumstances, including leaving the scene.

Your license is a separate fight

The court penalties above come only after a conviction. Your license can be suspended much sooner, administratively, just for blowing 0.08 or higher or for refusing a test. You have 10 days from the arrest to challenge that suspension. See the 10-day rule, formal review hearings and hardship licenses.

What is not on the sentencing chart

  • A DUI conviction in Florida cannot be sealed or expunged, and a judge cannot withhold adjudication on it.

  • Insurance costs usually rise sharply, and Florida requires higher coverage after a DUI conviction.

  • Professional licenses, commercial driver licenses, security clearances and immigration status can all be affected.

  • Court costs, DUI school, probation fees, interlock fees and towing add up to far more than the fine.

Frequently asked questions

Will I go to jail for a first DUI in Florida?

Jail is possible but is not mandatory for a standard first DUI. Most first-offense sentences are built around probation, DUI school, community service and a license revocation.

How long will I lose my license for a first DUI?

A conviction carries a revocation of 180 days to 1 year. The separate administrative suspension starts earlier unless it is challenged.

Is a second DUI a felony?

No. A second DUI is a misdemeanor unless someone was seriously hurt. A third DUI within 10 years, or any fourth DUI, is a felony.

Do out-of-state DUIs count as prior convictions?

Yes. Florida counts prior DUI convictions from other states.

Can a DUI be reduced to reckless driving?

Sometimes, depending on the evidence, your record and the facts. See DUI vs. reckless driving.

Can the judge go below the minimums?

The fines, license revocation and mandatory jail terms in the statute are minimums a judge has to impose after a DUI conviction. Avoiding them means avoiding the conviction itself.

Talk with a lawyer about where your case falls

Nawara Law defends DUI cases in Sarasota, Manatee and the surrounding counties. Call or text (941) 920-5514, nights and weekends too, or request a free consultation with former prosecutor Daniel D. Nawara. See DUI fees.

General information only, not legal advice. No outcome is guaranteed. Contacting the firm does not by itself create an attorney-client relationship.